This book constitutes the first thorough academic analysis of legislative drafting. By placing the study of legislation and its principles within the paradigm of Flyvberg's phronetic social sciences, it offers a novel approach which breaks the tradition of unimaginative past descriptive reiterations of drafting conventions. Instead of prescribing rules for legislation, it sets out to identify efficacy as the main aim of the actors in the policy, legislative and drafting processes, and effectiveness as the main goal in the drafting of legislation. Through the prism of effectiveness as synonymous with legislative quality, the book explores the stages of the drafting process; guides the reader through structure and sections in their logical sequence, and introduces rules for drafting preliminary, substantive and final provisions. Special provisions, comparative legislative drafting and training for drafters complete this thorough analysis of the drafting of legislation as a tool for regulation. Instead of teaching the reader which drafting rules prevail, the book explores the reasons why drafting rules have come about, thus encouraging readers to understand what goal is served by each rule and how each rule applies. The book is aimed at academics and practitioners who draft or use statutory law in the common or civil law traditions.

Helen Xanthaki is Professor of Law at University College London. She is a leading expert in legislation, law-making and legislative quality. She was the first and only Professor of Legislative Drafting in the UK, and served for 18 years at the Sir William Dale Centre for Legislative Studies (most of them as the Director). She has published extensively in the field of legislation and legislative drafting, most recently as the author of two books in the field: Thornton's Legislative Drafting 5th Edition, (2013, Bloomsbury, London) and Drafting Legislation: Art and Technology of Rules for Regulation (2014, Hart Publishers, Oxford). She has edited two collections: Helen Xanthaki, (ed) Enhancing Legislative Drafting in the Commonwealth: A Wealth of Innovation (2014, Routledge, London); and the forthcoming Ulrich Karpen and Helen Xanthaki (eds), Legislation in Europe: A Handbook for Scholars and Practitioners, forthcoming Hart Publishers, Oxford). She has contributed to most journals in the field, including the Theory and Practice of Legislation, Statute Law Review, Hukim Journal on Legislation, European Journal of Law Reform, The Korean Legal Research Institute Journal of Legislation and Evaluation, Studi parlamentari e di politica costituzionale. She has offered evidence to the House of Lords, the House of Commons, the European Commission, the European Parliament (Legal Affiars Committee). She has served as a consultant to the European Commission, the European Parliament, governments, the World Bank and many other national, regional, and international fora.

1. Legislation as a Means of Regulation: Effectiveness
in Legislative Drafting
Introduction
The Nature of Rules for Regulation: Art or Technology?
The Universality of Rules for Regulation
Compilations of Rules for Regulation: Homogeneity versus Rigidity?
Conclusions
2. Drafting Instructions
What are Drafting Instructions?
Purposes of Drafting Instructions .
The Four Principles of Drafting Instructions
What is the Content of Drafting Instructions?
Quality of Legislative Instructions
Style of Drafting Instructions
Conclusions: a Checklist for Quality Drafting Instructions
To Sum Up: Checklist for Legislative Instructions
3. The Legislative Plan: Designing a Legislative Solution
Designing a Legislative Solution: What is it?
The Advantages of Compiling a Legislative Plan
The Elements of Analysis in the Legislative Plan
Analysis of the Existing Law
Analysis of the Necessity of Legislation as a Solution
to the Identified Social Need
Analysis of Potential Danger Areas
Analysis of the Policy Options and the Preferred Legislative Solution
Analysis of the Projected Interpretation of the Legislation
Initial Considerations of Structure: Thring's Five 'Golden Rules'
Conclusions
4. Structure of a Bill
The Theory: Lord Thring's Five Rules of Drafting Revisited
More Doctrine: Bergeron's Rules
The Practice: Thornton's Approach
Structure in Brief: the Traditional Style
Structure in Brief: Innovation
Arrangements in Parts
Headings
Sections
Marginal Notes
Marginal References
Table of Arrangements or Arrangement of Sections
Real Innovation: the Layered Approach
An Example of the Layered Approach in Action:
The Succession to Crown Act 2013 (UK)
5. Clarity, Precision, Unambiguity and the Legislative Sentence
The Basics
Ambiguity and Vagueness
Semantic Ambiguity
Common Problems with Small Words: May, Shall, And/Or
Unless-Except
Scale Indicators
Terms Conveying Ranges of Numbers, Days, Dates and Ages
That and Which
Serial Commas and Ambiguity
Syntactic Ambiguity or Ambiguity at the Sentence Level
The Placement Problem
Modifiers of Nouns
Punctuation: Thornton's Four Rules of Punctuation
Gender-Neutral Drafting (gnd)
6. Plain Language
What is Plain Language?
Plain Language Aspect 1: Knowing your Audience
Plain Language Aspect 2: Easy Communication
Common Problems of Legislative Texts
Best Practices for an Easy Communication: Plain Language Innovations
The Debate: Concerns with Plain Language
Concern 1: Plain Language Lowers the Standards
of Good Writing
Concern 2: Intelligibility
Concern 3: Plain Language Can only be Achieved if Certainty is Sacrificed
Concern 4: Plain Language Leads to a Loss of Established Meanings of Words Settled over Centuries of Judicial Interpretation
The Way Forward
7. Preliminary Provisions
The Structure of an Act
Preliminary Provisions: A Plain Language Approach
The Introductory Text (Formerly Known as Long Title)
Enacting Clause
Start Date (Formerly Known as Commencement)
Application Provisions
Innovations for the Future
8. Principal Provisions: the National, EU and International Dimension
Principal Provisions
Substantive Provisions
Administrative Agency Provisions
The EU Dimension: National Implementing Measures
The Choice of Form
The Choice of Language, Syntax and Structure
Summing up
The International Dimension: Implementing International Agreements
Innovation
9. Final Provisions
Saving Provisions
Transitional Provisions
Repeals and Consequential Amendments
Purpose Clause/Objectives
Commencement/Duration Provisions or Start/End Date
Short Title
Schedules
Schedule of Definitions
Other Schedules
10. Comparative Legislative Drafting
The Clichés
Statutory Interpretation
Rules of Interpretation and Construction in the Common Law: Ilbert's Rules
R…